Many lawyers, including myself, provide mediation services. A mediator does not represent either party and is only allowed to provide limited legal advice during the mediation sessions. Once an attorney acts as the mediator in the case, that attorney can not provide representation to either party in the divorce.
Mediation is a very effective way to address a divorce. The mediator can assist with the paperwork needed for filing in the court both to initiate and to finalize the divorce. It can keep the costs of a divorce to a minimum.
Even if you are using mediation, each party has the right to consult with his and her own attorney. It is not unusual to use mediation and for each party to consult at least once with a private attorney to make sure that each spouse knows his or her rights.
When you are contacting an attorney, it is important that you identify whether you want to use that attorney for individual representation or for mediation. If it is for mediation, I require that both parties be present for all meetings (by phone or in person) and copied on all communications.
Your first step might be one of the following:
1. Schedule a joint, initial consults with your spouse and a family law mediator
2. Schedule an initial consult for just yourself with a family law attorney so that you understand your rights.
Either of those initial consults will explain the legal process in greater detail.
Marie Splees Zawtocki
Family Law Attorney
Answered on Jul 29th, 2015 at 9:51 AM